TERMS OF USE
Aloha Solar Care
Welcome to Aloha Solar Care. By accessing or using our website (https://alohasolarcare.com) and our services, you agree to comply with and be bound by the following Terms of Use. Please read these terms carefully.
Solar Maintenance Subscription Services: Terms and Conditions
Effective Date: November 18, 2025
These Terms and Conditions (“Terms”) govern the provision of combined solar panel maintenance, monitoring, and warranty services (the “Services”) by Aloha Solar Care (“Service Provider,” “we,” “us,” or “our”) to the individual or entity identified in the Subscription Agreement (“Subscriber,” “you,” or “your”).
By signing a Subscription Agreement, paying the subscription fee, or otherwise using the Services, you agree to be bound by these Terms.
1. Definitions
1.1. Subscription Agreement:
The separate document detailing the specific Service Plan chosen by the Subscriber, the Initial Term, the subscription fee, the location of the Solar System, and the associated Service Provider Warranty details.
1.2. Service Plan:
The specific package of Services (e.g., Basic, Premium, or Pro) selected by the Subscriber, as detailed in the Subscription Agreement.
1.3. Solar System:
The photovoltaic solar panel system, including panels, inverters, racking, and related wiring, located at the address specified in the Subscription Agreement.
1.4. Initial Term:
The fixed period of time for which the Subscriber initially commits to the Services, as specified in the Subscription Agreement.
1.5. Recurring Term: Any subsequent period following the Initial Term, typically one (1) year, unless otherwise specified.
1.6. Covered Component
A specific part of the Solar System explicitly included under the Service Provider Warranty as detailed in Section 5 and the Subscription Agreement.
2. Services and Scope of Work
2.1. Services Provided:
The Services include both scheduled Maintenance activities and the performance of covered Warranty repairs, strictly limited to the activities outlined in the Subscriber’s specific Service Plan and Section 5. Maintenance may include, but is not limited to:
a. Remote performance monitoring and diagnostics.
b. Scheduled preventative maintenance inspections (e.g., annual or bi-annual).
c. Panel cleaning (if included in the Service Plan).
d. Inverter and electrical connection checks.
2.2. Service Exclusions (Non-Covered Work):
The Services do not include Repairs or Replacements except as specifically covered under Section 5 (Service Provider Warranty). Unless covered by Section 5, exclusions include:
a. Costs of parts, labor, or materials for non-warrantied repairs or system upgrades.
b. Damage caused by Acts of God (including but not limited to hurricanes, tsunamis, volcanic activity, or extreme tropical weather, which are relevant in Hawaii), fire, third parties, or failure to follow manufacturer’s recommendations.
c. Maintenance of the structure supporting the Solar System (e.g., roof repairs).
d. Services related to damage caused by the Subscriber or unauthorized third parties.
e. Services requiring non-routine work (e.g., pest/rat removal, major construction).
2.3. Access and Safety:
The Subscriber must ensure that Service Provider personnel have safe, unobstructed access to the Solar System and all necessary equipment during scheduled service visits. If the Subscriber fails to provide safe access, the Service Provider may reschedule the service, which may incur a fee, or the Service Provider may cancel the scheduled maintenance without a refund for that service event.
3. Subscription, Payment, and Term
3.1. Initial Term and Renewal:
The Subscription Agreement will commence on the Effective Date and continue for the Initial Term specified in the Subscription Agreement.
3.2. Automatic Renewal:
UNLESS the Subscriber provides written notice of non-renewal at least thirty (30) days prior to the end of the Initial Term or any Recurring Term, this Agreement shall automatically renew for successive Recurring Terms (typically one year) at the Service Provider’s then-current pricing for the Service Plan.
3.3. Subscription Fees:
The Subscriber agrees to pay the fees specified in the Subscription Agreement. Fees are due in advance, either monthly, quarterly, or annually, as selected by the Subscriber.
3.4. Price Changes:
The Service Provider reserves the right to change the Subscription Fees for any Recurring Term, provided written notice is given to the Subscriber at least sixty (60) days prior to the start of the new Recurring Term.
3.5. Late Payments and Collection:
Payments not received within fifteen (15) days of the due date may incur a late fee of the lesser of 1.5% per month or the maximum rate permitted by law. The Service Provider may suspend or terminate the Services if payment is past due. The Subscriber shall be responsible for all costs of collection, including reasonable attorney’s fees.
4. Cancellation and Termination
4.1. Cancellation by Subscriber:
a. During Initial Term: The Subscriber may cancel the Subscription during the Initial Term, but must pay an early termination fee equal to the remaining balance of the Subscription Fees due for the Initial Term.
b. During Recurring Term: The Subscriber may cancel a Recurring Term by providing thirty (30) days’ written notice, in which case the cancellation will be effective at the end of the current Recurring Term.
4.2. Termination by Service Provider:
The Service Provider may terminate this Agreement immediately upon written notice if the Subscriber:
a. Fails to pay any fees when due.
b. Breaches any material term of this Agreement and fails to cure such breach within ten (10) days of receiving notice.
c. Creates a safety hazard for Service Provider personnel.
4.3. Effect of Termination:
Upon termination, the Subscriber must immediately cease using the Services, and the Service Provider Warranty defined in Section 5 will immediately cease. No refunds will be provided for prepaid fees except as explicitly required by law.
5. Service Provider Warranty Coverage and Claims
5.1. Warranty Scope:
The Service Provider warrants that, during the term of this Agreement, Covered Components of the Solar System installed by or approved by the Service Provider will be free from defects in workmanship for the period specified in the Subscription Agreement. This warranty covers the labor necessary to repair or replace the Covered Component.
5.2. Duration and Covered Parts:
The specific components covered (e.g., wiring, mounting hardware, inverters) and the duration of the warranty coverage are explicitly detailed in the Subscription Agreement. This warranty is void if the Solar System is modified or serviced by any party other than the Service Provider without prior written consent.
5.3. Claim Process:
If the Subscriber believes a component has failed due to a defect covered under this warranty, the Subscriber must notify the Service Provider immediately in writing. The Service Provider will diagnose the issue remotely or on-site and determine, in its sole discretion, whether the failure is covered.
5.4. Limitations on Warranty:
This warranty EXCLUDES (and is in addition to the exclusions in Section 2.2):
a. Any defect or failure covered by the original manufacturer’s warranty.
b. Normal wear and tear, corrosion (especially relevant near the ocean in Hawaii), or cosmetic issues.
c. Failures caused by electric utility power surges, incorrect system settings by the Subscriber, or any use of the system outside of its intended purpose.
d. The cost or replacement of the actual equipment (panels, inverters, etc.) if the component failure is not due to the Service Provider’s workmanship.
6. Liability and Insurance
6.1. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2. Maximum Liability:
THE SERVICE PROVIDER’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY THE SUBSCRIBER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7. General Provisions
7.1. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of laws principles.
7.2. Dispute Resolution:
Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in Honolulu, Hawaii in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and binding, and judgment may be entered upon it in any court having jurisdiction.
7.3. Severability:
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
7.4. Entire Agreement:
These Terms, together with the Subscription Agreement, constitute the entire agreement between the Service Provider and the Subscriber concerning the Services and supersede all prior or contemporaneous agreements, understandings, and representations.
7.5. Assignment:
The Subscriber may not assign or transfer this Agreement without the prior written consent of the Service Provider. The Service Provider may assign this Agreement without consent.